Wrongful Death Attorney

The Goldwater Law Firm Connects Families With Wrongful Death Lawyers Across the Country

The Goldwater Law Firm understands how mad, frustrated, and upset most people are after the untimely loss of a loved one in an accident caused by another party’s carelessness. We believe in holding negligent parties accountable and cannot stand to see victims’ families suffering while those liable face no consequences. 

We work with some of the largest and most successful law firms nationwide to manage cases and represent families in all 50 states. If we believe you have a case, we will connect you with a co-counsel near you who has full access to experts, specialists, investigators, and other resources to build the strongest case possible. 

We understand your family’s desire for justice and accountability. We have strategic partnerships with trusted law firm partners who work based on contingency. You will never need to pay upfront costs or fees to hire one of our co-counsels to manage your case. Contact us today to learn more and for a free case review.

What Types of Accidents and Incidents Cause Wrongful Deaths?

At the Goldwater Law Firm, our team understands how difficult it can be to understand your legal options following your loved one’s death. Let us assess your case for free to determine your next steps. We can connect you with one of our law firm partners near you if we believe you have a viable case. 

While almost any type of careless or reckless behavior that leads to a fatal incident could support a wrongful death case, some of the most common include: 

Car Accidents

A driver acting carelessly or recklessly can cause a fatal auto accident. If someone passes away because of another party’s carelessness or recklessness, the victim’s surviving family members may have grounds for a wrongful death action.

Truck Accidents

Large commercial big rigs often cause catastrophic injuries to those in other vehicles due to their size and weight. A fatal truck crash could happen if a truck driver or trucking company violates safety regulations or traffic laws. Victims’ families often have strong cases against trucking companies based on these accidents. 

Pedestrian Accidents

When drivers fail to yield in turns, speed through crosswalks, or drive inattentively, they put pedestrians at risk. Laws often protect pedestrians, and victims’ families could have a strong case against the at-fault driver.

Motorcycle Accidents

Motorcyclists are especially vulnerable to accident injuries. If a driver makes an unsafe lane change, turns in front of a motorcycle, or otherwise drives carelessly, they could cause a fatal motorcycle accident. 

Our law firm partners can also help if you have lost a loved one to nursing home abuse, medical malpractice, or birth injuries.

The Role of Fault and Liability in a Wrongful Death Case

In most states, wrongful death actions are based on fault and liability. The party whose negligence caused an accident is generally legally responsible for the victim’s injuries and death. Liability means the party is legally responsible for the death and will be held accountable for the damages they caused. Liable parties can be individuals, companies, government entities, or others. 

To prove liability, your attorney will gather evidence to show: 

• Negligence occurred.
• The accused party caused the accident.
• They are the legally accountable party.
• Compensable damages occurred.

Occasionally, the liable party might not be the negligent party. For example, in truck accident cases, the trucking company is generally held responsible for the crash even when its driver acted negligently and caused the accident. This is because of a concept known as vicarious liability. Employers are responsible for their workers’ negligence while they are on the clock. 

Your attorney will know how to apply your state laws to your case and identify the full range of liable parties. 

State Laws on Wrongful Death Can Vary Widely

Each state has its own personal injury laws. These often apply to several aspects of wrongful death cases, making it difficult to know how these cases work without being familiar with your state’s laws. This is one reason why working with an attorney near you is crucial.

Some of the ways your state’s laws could affect your wrongful death case: 

• Who Can File: Some states limit who can file a wrongful death action. Generally, this is limited to the victim’s personal representative or specific immediate family members. Your attorney will be able to explain to you who should act on behalf of your family to recover compensation.
• Who Can Receive Compensation: Some states distribute money recovered in a wrongful death case based on the will or estate plan, while others give it to immediate family members and/or dependents. 
• Types of Damages: Some states exclude specific types of damages, such as emotional distress, pain and suffering of victims, or punitive damages.
• Damage Caps: Some states limit the total amount of recoverable, non-economic, or punitive damages.
• Statute of Limitations: The deadline for filing a wrongful death lawsuit varies by state. Most fall between two and three years, but could be as long as six years or as short as one.

Common Causes of Wrongful Death in Traffic Accidents 

Fatal traffic accidents occur in all 50 states, in rural and urban areas, and involve all types of vehicles. According to the National Highway Traffic Safety Administration (NHTSA), 42,939 people lost their lives in crashes in the United States in 2021, the most recent year with published data. 

Some of the fatal injuries common in crashes include: 

• Traumatic brain injuries (TBI)
• Spinal cord injuries, especially those that affect the neck and upper back
• Internal bleeding from internal organ damage
• Punctured or collapsed lungs
• Severe burns
• Aortic rupture
• Amputations
• Severe facial or skull fractures
• Massive blood loss and hemorrhagic shock
• Chest trauma
• Severe lacerations

While some victims pass away instantly, others may fight for several hours, days, or weeks. Some require extensive treatment and hospitalization before later passing away from their injuries, infection, or related complications. These families will have medical bills and other costs in addition to their loved one’s funeral and burial expenses, and their financial losses. 

What Damages Are Recoverable in a Wrongful Death Case? 

Each state has its own wrongful death laws that dictate what damages the victim’s surviving family members can recover and how they must distribute that compensation. Some common types of damages are listed here, but could vary based on your state’s laws. Your attorney will discuss the types of damages that are available in your state. 

Economic Damages

Economic damages cover the financial expenses and losses experienced because of your loved one’s death. They could include: 

• Funeral and burial expenses
• Medical bills related to their injury and attempts to save their life
• Loss of their expected income
• Loss of benefits, including health insurance, retirement, and inheritance
• Loss of services they performed, such as childcare

Non-Economic Damages

Non-economic damages address emotional and personal losses suffered by the victim before their death and/or surviving family members:

• Conscious pain and suffering of the victim (in some states)
• Loss of companionship, love, and support
• Loss of parental guidance (for children)
• Loss of consortium (for spouses)
• Emotional distress and mental anguish of surviving family members (in some states)

Punitive Damages

Some states allow survivors to pursue punitive damages in wrongful death cases. These damages punish the wrongdoer for egregious or intentional misconduct. Many states do not allow punitive damages in wrongful death cases, and others place caps on the amount families can recover. Occasionally, such as under AL Code § 6-5-410 in Alabama, you can recover only punitive damages in a wrongful death case. 

How a Wrongful Death Lawyer From Our Law Firm Partners Builds a Compelling Argument for a Fair Payout 

When you work with one of our co-counsels near you, they will manage your case while you spend time with your family, grieve, and return to your regular activities as much as possible. They will investigate the accident that led to your loved one’s death and build a convincing case for compensation. Some common evidence in these cases includes:  

• Police reports
• Eyewitness statements
• Accident reconstruction analysis
• Surveillance or dashcam footage
• Photos of the accident scene
• Vehicle damage reports
• Documentation of damages

A strong case often allows them to negotiate a payout. If not, your lawyer will file a lawsuit and proceed to litigation.